The Saskatchewan Gazette

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1 THE SASKATCHEWAN GAZETTE, JANUARY 2, The Saskatchewan Gazette PUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN S PRINTER/PUBLIÉE CHAQUE SEMAINE SOUS L AUTORITÉ DE L IMPRIMEUR DE LA REINE PART II/PARTIE II Volume 111 REGINA, FRIDAY, JANUARY 2, 2015/REGINA, VENDREDI, 2 JANVIER 2015 No.1 /nº 1 PART II/PARTIE II REVISED REGULATIONS OF SASKATCHEWAN/ RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN TABLE OF CONTENTS/TABLE DES MATIÈRES A-20.2 Reg 15 S-8 Reg 12 SR 108/2014 SR 109/2014 SR 110/2014 SR 111/2014 SR 112/2014 The Milk Products Compositional Standards Regulations, The Saskatchewan Assistance Regulations, The Enumeration Repeal Regulations The Vehicle Impoundment (General) Amendment Regulations, The Benefit Adjustment Repeal Regulations The Saskatchewan Assured Income for Disability Amendment Regulations, The Film Employment Tax Credit Amendment Regulations,

2 2 Revised THE Regulations SASKATCHEWAN GAZETTE, of Saskatchewan JANUARY 2, / Règlements Révisés de la Saskatchewan 2015 January 2, 2015 The Milk Products Compositional Standards Regulations, A-20.2 Reg 15 The Saskatchewan Assistance Regulations, S-8 Reg 12 The Enumeration Repeal Regulations... SR 108/2014 The Vehicle Impoundment (General) Amendment Regulations, SR 109/2014 The Benefit Adjustment Repeal Regulations... SR 110/2014 The Saskatchewan Assured Income for Disability Amendment Regulations, SR 111/2014 The Film Employment Tax Credit Amendment Regulations, SR 112/2014

3 THE THE SASKATCHEWAN GAZETTE, GAZETTE, JANUARY JANUARY 18, 2, THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 REVISED REGULATIONS OF SASKATCHEWAN 3 CHAPTER A-20.2 REG 15 The Animal Products Act Section 18 Order in Council 671/2014, dated December 18, 2014 (Filed December 18, 2014) PART I Preliminary Matters Title 1 These regulations may be cited as The Milk Products Compositional Standards Regulations, Interpretation 2 In these regulations: (a) (b) Act means The Animal Products Act; approved laboratory means a laboratory approved by an inspector; (c) bacterial culture means a growth of harmless acid and aroma producing bacteria; (d) business day means a day other than a Saturday, Sunday or holiday; (e) butterfat or milk fat means the fat of milk; (f) compositional standards means: (i) the compositional standards for milk products set out in the federal regulations mentioned in clause 11(1)(a); and (ii) the compositional standards set out in the Appendix; (g) cream means the fatty liquid prepared from milk by separating milk constituents in a manner that increases the milk fat content; (h) fluid milk means any milk product that is marketed or offered for sale in Saskatchewan in fluid form other than reconstituted, evaporated or condensed milk; (i) improperly branded milk products means milk products that are marketed with a false or misleading description, name or statement; (j) licence means a valid licence issued pursuant to these regulations; (k) manufacturing or processing means changing the nature, quality or condition of milk and includes pasteurizing, standardizing, dehydrating or ultrafiltering milk;

4 4 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (l) milk means the lacteal secretion, free of colostrum, obtained from the mammary gland of a cow; (m) milk product means any milk product or dairy product manufactured or processed wholly or primarily from milk; (n) processing establishment means a building or a collection of buildings where milk is received, processed into a milk product, cooled, stored, packaged or otherwise prepared for sale for human consumption; (o) processor means any person engaged in the business of manufacturing or processing milk; (p) reconstituted milk means milk resulting from combining whole milk powder or skim milk powder with water. Application of regulations 3(1) These regulations apply: (a) throughout Saskatchewan; and (b) to all persons engaged in the manufacturing, sale or processing of milk products in Saskatchewan. (2) These regulations do not apply to category II milk plants as defined in The Milk Pasteurization Regulations. PART II Licensing Licence to act as processor required 4(1) No person shall, except under the authority of a licence issued pursuant to these regulations, carry on business or operate as a processor. (2) Every licence continues in force indefinitely unless it is suspended or cancelled in accordance with these regulations. (3) A separate licence is required for each location of a processing establishment at which a person carries on business or operates as a processor, and every person who holds a licence is deemed to be a separate processor with respect to each location. Application for licence 5 Every applicant for a licence shall: (a) apply to the minister in the form provided by the minister; (b) submit to the minister a $300 non-refundable application fee, payable to the Minister of Finance; and (c) provide the minister with any other information or material that the minister may reasonably require.

5 THE SASKATCHEWAN GAZETTE, JANUARY 2, Issuance of licence 6(1) The minister may: (a) issue a licence to an applicant if the minister: (i) receives an application together with the application fee pursuant to section 5; and (ii) is satisfied that the applicant has complied with the Act and these regulations; or (b) subject to section 10, refuse to issue a licence. (2) Not more than one processing establishment shall be maintained under the same licence, but the minister may issue more than one licence to the same applicant or licensee who applies in accordance with these regulations. Effect of licence 7 A licence authorizes the licensee to carry on business or operate as a processor at the processing establishment location specified in the licence. Terms and conditions 8(1) In this section, milk pasteurization licence means a licence issued pursuant to section 6 of The Milk Pasteurization Regulations. (2) Subject to section 10, at the time a licence is issued, the minister may impose any terms and conditions that the minister considers necessary. (3) Subject to section 10, at any time after a licence is issued, the minister may do all or any of the following: (a) amend, modify or vary terms and conditions imposed on a licence; (b) impose new terms and conditions on a licence; (c) repeal terms and conditions imposed on a licence and substitute new terms and conditions in their place. (4) Every licensee shall: (a) comply with the Act and these regulations; (b) in the case of a processing establishment engaging in interprovincial trade, be registered in accordance with section 10 of the Dairy Products Regulations (Canada); (c) hold a valid milk pasteurization licence; (d) inform the minister of any change to the status of the federal registration or milk pasteurization licence within 48 hours after the change; (e) provide a list of all processing procedures used in the manufacturing of milk products to ensure the processing establishment is in compliance with the compositional standards set out in these regulations;

6 6 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (f) provide a list of all milk products produced in the processing establishment during the previous year by January 31 of each year; (g) inform the minister of any change to the types of products produced by the processing establishment within 10 business days after the change; (h) provide the minister with any other information or material that the minister may reasonably require; and (i) comply with any additional terms and conditions imposed on the licensee s licence. Suspension or cancellation of licence 9(1) Subject to section 10, the minister may suspend or cancel a licence if the licensee: (a) has failed to comply with any provision of the Act or of these regulations; (b) has made a material misstatement in the application for the licensee s licence; or (c) has been guilty of misrepresentation, fraud or dishonesty. (2) If the minister considers it appropriate to do so, the minister may reinstate a licence that has been suspended. Opportunity to be heard 10(1) Before the minister takes any action pursuant to clause 6(1)(b) or subsection 8(2), (3) or 9(1), the minister shall provide the person affected with: (a) written notice of the minister s intended action and the reasons for that intended action; and (b) an opportunity to make written representations to the minister, within a period set by the minister, as to why the intended action should not be taken. (2) The minister is not required to give an oral hearing to any person to whom a notice has been provided pursuant to subsection (1). (3) After considering the representations mentioned in subsection (1), the minister shall issue a written decision and shall serve a copy of the decision on the person as soon as is practicable after the decision is made. (4) Notwithstanding subsection (1), if the minister considers that it is necessary to protect the public interest, the minister may immediately take any action described in subsection 8(3) or 9(1) without giving the person an opportunity to be heard, but the minister shall give the person an opportunity to be heard within 20 business days after the date on which the minister takes the action. (5) Every notice or decision required to be given by the minister pursuant to this section is to be served: (a) personally; or (b) by ordinary or registered mail to the last known address of the person being served.

7 THE SASKATCHEWAN GAZETTE, JANUARY 2, (6) A document served by ordinary mail or registered mail is deemed to have been received on the fifth business day following the day of its mailing, unless the person to whom it was mailed establishes that, through no fault of the person, he or she did not receive the document or that he or she received it at a later date. (7) Irregularity in the service of a notice or decision does not affect the validity of an otherwise valid notice or decision. PART III Administration Processors to comply with compositional standards 11(1) Every processor shall ensure that all milk products manufactured or processed for sale in Saskatchewan by the processor comply with: (a) the compositional standards for milk products set out in: (i) the Dairy Products Regulations (Canada); and (ii) Division 8 of Part B of the Food and Drug Regulations (Canada); and (b) the applicable compositional standards set out in the Appendix. (2) If there is a conflict or inconsistency between a provision of the federal regulations mentioned in clause (1)(a) and a compositional standard set out in the Appendix, the compositional standard set out in the Appendix prevails. (3) In manufacturing or processing any fluid milk, no processor shall remove or break down any constituents from the fluid milk other than butterfat, water or lactose to the extent required or permitted by these regulations. (4) On the request of the minister or an inspector, a processor shall provide evidence satisfactory to the minister or inspector that any milk product manufactured or processed for sale in Saskatchewan by the processor complies with the applicable compositional standards. Sale of non-compliant and improperly branded milk products prohibited 12 No person shall market or possess for sale in Saskatchewan: (a) any milk products not in compliance with the applicable compositional standards; (b) any improperly branded milk products; or (c) any cream that does not identify the percentage of butterfat on the container.

8 8 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 Sample testing 13(1) On the request of an inspector, a processor shall: (a) submit to an approved laboratory for testing a representative sample of any milk products produced at the processing establishment; and (b) direct the approved laboratory to provide a copy of the complete report from the laboratory as soon as possible after completion of the report to: (i) the processor who submitted the sample; and (ii) the inspector. (2) Notwithstanding subsection (1), an inspector: (a) may, from time to time, submit to an approved laboratory for testing a representative sample of the following: (i) milk products produced at a processing establishment; (ii) milk products sold or offered for sale in Saskatchewan; (b) shall, on submitting a sample pursuant to clause (a), notify the processor as soon as possible: (i) that testing is being conducted on one or more milk products from the processor s processing establishment; and (ii) of the address of the approved laboratory at which the testing is being performed; and (c) shall, as soon as possible after receiving a copy of the complete report from the approved laboratory, provide a written copy of the complete report to the processor. Failed compositional tests 14(1) If a report from an approved laboratory pursuant to section 13 shows that a compositional standard set out in subsection 11(1) is not met, the processor shall take any action required by the inspector, including any or all of the following: (a) submit additional milk products for sampling; (b) recall all milk products produced in the same production batch as the sample that failed to meet the compositional standards; (c) segregate the milk products not in compliance with the requirements of these regulations, including all other milk products produced in the same production batch, from all other products produced; (d) destroy the milk products not in compliance with the requirements of these regulations in the manner required by the inspector; (e) any other action specified by the minister or the inspector. (2) If a report from an approved laboratory pursuant to section 13 shows that the milk products that were tested are improperly branded milk products, the inspector may require any person marketing or possessing the milk products for sale in Saskatchewan to take any action required by the inspector, including any or all of the actions mentioned in subsection (1).

9 THE SASKATCHEWAN GAZETTE, JANUARY 2, (3) If the inspector finds that a milk product is not in compliance with the requirements of these regulations as determined by any test approved by the inspector that the inspector may cause to be performed in accordance with subsection 13(2), the inspector: (a) shall provide the processor or the person marketing or possessing the milk products for sale in Saskatchewan with a notice in writing prohibiting the selling, supplying or offering for sale of the milk products not in compliance with the requirements of these regulations; and (b) may, in the notice mentioned in clause (a), set any terms and conditions for the actions described in section 13. (4) No person to whom notice has been given pursuant to this section shall fail to take the action required by the inspector. PART IV Repeal and Coming into Force R.R.S. c.a-20.2 Reg 14 repealed 15 The Milk Products Compositional Standards Regulations are repealed. Coming into force 16 These regulations come into force on the day on which they are filed with the Registrar of Regulations. Appendix [Clause 11(1)(b)] Milk Product Compositional Standard 1. buttermilk or cultured buttermilk a milk product containing not more than 3.25% milk fat and not less than 0.7% lactic acid 2. 2% partly or partially skimmed milk 3. 1% partly or partially skimmed milk fluid milk containing not less than 1.9% and not more than 2.1% butterfat and not less than 8.25% non-fat milk solids fluid milk containing not less than 0.9% and not more than 1.1% butterfat and not less than 8.25% non-fat milk solids 4. whipping cream fluid milk containing not less than 32% butterfat 5. whole milk fluid milk containing not less than 3.25% butterfat and not less than 8.0% non-fat milk solids

10 10 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 CHAPTER S-8 REG 12 The Saskatchewan Assistance Act Section 14 Order in Council 669/2014, dated December 18, 2014 (Filed December 18, 2014) PART I Preliminary Matters Title 1 These regulations may be cited as The Saskatchewan Assistance Regulations, Interpretation 2(1) In these regulations: (a) Act means The Saskatchewan Assistance Act; (b) appeal board means an appeal board established pursuant to subsection 10(2) of The Social Services Administration Act; (c) appeal committee means an appeal committee established pursuant to subsection 10(1) of The Social Services Administration Act; (d) applicant means an individual who or family unit that applies for a benefit or on whose behalf an application for a benefit is made; (e) benefit means a benefit provided in accordance with these regulations; (f) child means: (i) a person under 18 years of age; or (ii) a person who is 18 years of age or over but under 19 years of age and who is in attendance at a secondary educational institution; and includes a stepchild or child with respect to whom a person stands in the place of a parent; (g) dependant means: (i) the spouse of a recipient, unless that spouse is living separate and apart from the recipient; and (ii) any child of a recipient or of his or her spouse, unless that child is living separate and apart from the recipient or unless that child is not dependent on the recipient and his or her spouse for support; (h) eligible family member means a family member described in clause 6(2)(a); (i) eligible recipient means an individual or family unit whose application for a benefit has been approved pursuant to section 14;

11 THE SASKATCHEWAN GAZETTE, JANUARY 2, (j) excess asset means: (i) any real property of an applicant or eligible recipient other than the principal residence of an applicant or eligible recipient; (ii) any real or personal property used for a farming or business operation of an applicant or eligible recipient other than: (A) the quarter section on which the applicant s or eligible recipient s principal residence is located; and (B) any property that, in the opinion of the minister, is essential to the farming or business operation; (iii) any personal property that, in the opinion of the minister, is not essential to the health and safety of the applicant or eligible recipient; (k) family member means a member of the family unit; (l) family unit means a unit composed of the following members: (i) an individual; (ii) the spouse, if any, of the individual mentioned in subclause (i); (iii) the children, if any, of the individual mentioned in subclause (i) or the individual s spouse mentioned in subclause (ii), but not including children who: (A) are living separate and apart from the individual and the individual s spouse; or (B) are not dependent on the individual and the individual s spouse for support; (m) financial resources means, with respect to an individual, the individual s monthly income, liquid assets and excess assets as determined in accordance with these regulations; (n) fully employable person means a person who, as determined by the minister, is capable of working at least 36 hours per week; (o) liquid asset includes: (i) cash; (ii) an amount on deposit in a financial institution; (iii) the cash surrender value of an insurance policy; and (iv) the realizable value of: (A) a stock, bond or other security; (B) an investment certificate; (C) a bequest pursuant to a will; (D) an award for damages pursuant to a court order; and (E) a settlement of a claim;

12 12 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (p) partially employable person means a person who, as determined by the minister, is not capable of full-time employment but who is able to work on a part-time or casual basis; (q) person with a disability means a person whose major reason for requiring assistance is, as determined by the minister, a physical or mental disability; (r) resident of a facility means: (i) an individual who resides in: (A) a facility designated as a special-care home in accordance with The Facility Designation Regulations; (B) an approved home as defined in The Mental Health Services Act; (C) a personal care home for which a licence is issued pursuant to The Personal Care Homes Act; (D) a residential-service facility for which a licence is issued pursuant to The Residential Services Act; or (E) a private-service home for which a certificate of approval is issued pursuant to The Residential Services Act; (ii) a patient in a facility designated as a hospital in accordance with The Facility Designation Regulations, or a hospital operated by Athabasca Health Authority, who, by reason of receiving long-term care, is being assessed a resident charge; or (iii) an individual who resides with a relative, as defined in clause 2(f) of The Personal Care Homes Act, and who requires supervision and assistance with personal care; (s) spouse means: (i) the legal spouse of an individual; or (ii) if an individual does not have a legal spouse or is living separate and apart from his or her legal spouse, another individual who: (A) has cohabited with the individual for a period of not less than three months and shares financial resources with the individual; (B) represents himself or herself as the spouse of the individual or as the father or mother of a child of the individual; (C) is the father or mother of a child of the individual; or (D) for any purpose identifies the individual or a child of the individual as his or her dependant; (t) Table means a table set out in the Appendix; (u) unemployable person means a person who, as determined by the minister, is not capable of employment.

13 THE SASKATCHEWAN GAZETTE, JANUARY 2, (2) Subject to subsection (3): (a) for the purposes of subclause (2)(f)(i), a person is deemed to be under 18 years of age during the entire month in which the person attains the age of 18 years; and (b) for the purposes of subclause (2)(f)(ii), a person is deemed to be under 19 years of age during the entire month in which the person attains the age of 19 years. (3) A person with respect to whom services are being provided pursuant to The Child and Family Services Act may apply for assistance in his or her own right pursuant to these regulations on or after the person s eighteenth birthday. PART II Application, Eligibility and Approval DIVISION 1 Application Application 3(1) In this section, health services number means the unique number assigned to an individual who is registered as a beneficiary to receive insured services pursuant to The Saskatchewan Medical Care Insurance Act. (2) An applicant may apply to the minister for a benefit in any manner acceptable to the minister. (3) An applicant shall: (a) provide the minister with the information required by these regulations and any additional information that the minister considers reasonably necessary to establish: (i) the eligibility of the applicant for a benefit; and (ii) the amount of a benefit to which the applicant may be entitled; (b) subject to subsections (4) and (5), provide the minister with the social insurance numbers and health services numbers of: (i) in the case of an application by or on behalf of an individual, the applicant and the applicant s spouse, if any; or (ii) in the case of an application by or on behalf of a family unit, each individual in that family unit other than any dependent children; and (c) provide to the minister a consent to use the social insurance numbers and health services numbers mentioned in clause (b): (i) in the case of the social insurance numbers, to verify the eligibility of the applicant; and (ii) in the case of the health services numbers, for the purposes of nominating the applicant to receive supplementary health benefits specified in the Saskatchewan Assistance Plan Supplementary Health Benefits Regulations, being Saskatchewan Regulations 65/66.

14 14 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (4) For the purposes of an application, if an individual or an individual s spouse has applied for a health services number or social insurance number but has not yet received it, the minister may accept evidence of that application as supplied by the individual. (5) In lieu of a social insurance number, the minister may: (a) accept documents provided by Citizenship and Immigration Canada establishing that the individual: (i) has made a claim for refugee protection that has not been rejected; and (ii) is not able to obtain a social insurance number; or (b) accept any other documents the minister considers appropriate if the applicant does not satisfy the residency requirement as set out in section 4. (6) On receipt of an application pursuant to this section, the minister shall: (a) review the application; and (b) determine whether the applicant has a budget shortfall as determined pursuant to section 8 and meets the other criteria set out in Division 2. (7) An application for assistance for a family unit must be made by the head of a family unless the minister is satisfied that the head of a family is unable, for a valid reason, to make the application, in which case the application may be made by another member of the family or by some other responsible person on behalf of the family. (8) Notwithstanding subsection (7), a person with a disability who is 18 years of age or older may apply for assistance in his or her own right even if he or she continues to reside with his or her parent or parents. (9) An individual may apply for assistance in his or her own right if he or she: (a) is living apart from his or her spouse due to illness or institutionalization; and (b) resides in an institution or by himself or herself in his or her own home. DIVISION 2 Eligibility Interpretation of Division 4(1) In this Division, residency requirement means, with respect to an individual, that the individual: (a) is a Canadian citizen; (b) is authorized pursuant to an Act of the Parliament of Canada to take up permanent residence in Canada; (c) is determined pursuant to the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee; (d) is in Canada under a temporary resident permit issued pursuant to the Immigration and Refugee Protection Act (Canada) or on a minister s permit issued pursuant to the Immigration and Refugee Protection Act (Canada);

15 THE SASKATCHEWAN GAZETTE, JANUARY 2, (e) is in the process of having his or her claim for refugee protection, or application for protection, determined or decided pursuant to the Immigration and Refugee Protection Act (Canada); or (f) is subject to a removal order pursuant to the Immigration and Refugee Protection Act (Canada) that cannot be executed. (2) An applicant who does not satisfy the residency requirement may be eligible for benefits if the minister is satisfied: (a) that the applicant or a dependant of the applicant is being treated for a medical condition and is unable to leave Saskatchewan; (b) that the applicant or a dependant of the applicant died while in Saskatchewan; or (c) that exceptional circumstances exist. Eligibility criteria - individuals 5(1) This section applies to an applicant who is an individual. (2) An applicant who is an individual may be approved as an eligible recipient only if the application made by or on behalf of the individual complies with section 3 and the individual: (a) is a Saskatchewan resident; (b) is 18 years of age or older; (c) meets the residency requirement; (d) is determined pursuant to section 8 to have a budget shortfall; (e) satisfies the minister that the individual has explored every reasonable possibility of providing for his or her needs and the needs of his or her family unit, if any, including applying for any benefits provided by the Government of Canada, the Government of Saskatchewan or any other government, or any agency of that government, for which the individual or any member of the individual s family unit may be eligible; and (f) participates in periodic case planning. Eligibility criteria - family units 6(1) This section applies to an applicant that is a family unit. (2) A family unit applicant may be approved as an eligible recipient only if the application made by or on behalf of the family unit complies with section 3 and: (a) at least one of the family members: (i) is a Saskatchewan resident; (ii) is 18 years of age or older; and (iii) meets the residency requirement; (b) the family unit is determined pursuant to section 9 to have a budget shortfall;

16 16 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (c) the family unit satisfies the minister that it has explored every reasonable possibility of providing for its needs, including applying for any benefits provided by the Government of Canada, the Government of Saskatchewan or any other government, or any agency of that government, for which the family unit may be eligible; and (d) the family unit participates in periodic case planning. (3) Subject to any other provision of these regulations, if a family unit includes an individual who does not meet the residency requirement, that individual s income and assets may be included in determining the income and assets of the family unit for the purposes of determining whether the family unit has a budget shortfall. Ineligible individuals 7(1) Notwithstanding sections 5 and 6, no benefit is to be paid to or on behalf of an individual who: (a) is detained under a sentence of imprisonment of more than 30 days in: (i) a correctional facility as defined in The Correctional Services Act, 2012; or (ii) a custody facility as defined in The Youth Justice Administration Act; (b) is an inmate as defined in the Corrections and Conditional Release Act (Canada) or a prisoner as defined in the Prisons and Reformatories Act (Canada); (c) is ordinarily resident on an Indian reserve as defined in the Indian Act (Canada); or (d) is a student who is enrolled full-time in a post-secondary program, unless the student is: (i) a person with a disability for whom post-secondary training that is not a university post-graduate program offers the only reasonable prospect for employment and leads to a vocational goal approved by the minister; or (ii) a person who does not have a disability and who: (A) is enrolled in a post-secondary program leading to a vocational goal that is not a university post-graduate program; (B) has been receiving benefits for the 12-month period preceding his or her attendance at an educational institution; and (C) supports a spouse who is a person with a disability. (2) The minister may waive the requirement set out in paragraph (1)(d)(ii)(B) if the minister determines it is appropriate to do so. Budget shortfall - individuals 8(1) This section applies to an applicant who is an individual. (2) Subject to subsections (3) to (5) and section 10, an individual has a budget shortfall if the individual s monthly income determined pursuant to clause (3)(a) is less than the monthly total of benefits to which the individual would be entitled as determined pursuant to clause (3)(b).

17 THE SASKATCHEWAN GAZETTE, JANUARY 2, (3) For the purposes of determining if an individual has a budget shortfall, the minister: (a) shall determine the individual s monthly income in accordance with section 11 and subsection 13(3); (b) shall determine the monthly total of the benefits to which the individual would be entitled if he or she were an eligible recipient; (c) shall determine the total of all liquid assets owned by the individual in accordance with section 12; (d) shall determine whether the individual owns excess assets in accordance with section 13; and (e) may review the circumstances surrounding a disposal of assets or an unusual expenditure by the individual within the six months preceding the month in which his or her application was made. (4) For the purposes of this section, if the minister determines that an individual would be entitled to a benefit only with respect to health services, the minister shall: (a) determine the health services that would be required over 12 months; (b) include any costs for the health services mentioned in clause (a) that the minister is satisfied are reasonably anticipated; (c) determine the individual s needs based on whether the individual s monthly income, as determined in accordance with section 11 and subsection 13(3), will be sufficient to cover the costs of the health services mentioned in clause (b); and (d) if the minister is satisfied that the individual s monthly income is not sufficient to cover the cost of the health services, declare that the individual has a budget shortfall for the purposes of these regulations. (5) An individual does not have a budget shortfall if, at the time of his or her application, the total value of the individual s liquid assets is greater than $1,500. Budget shortfall - family units 9(1) In this section, family unit s monthly income means the monthly income of all of its family members. (2) This section applies to an applicant that is a family unit. (3) Subject to subsections (4) to (6) and section 11, a family unit has a budget shortfall if the family unit s monthly income determined pursuant to clause (4)(a) is less than the monthly total of benefits to which the family unit would be entitled, as determined pursuant to clause (4)(b). (4) For the purposes of determining if a family unit has a budget shortfall, the minister: (a) shall determine the family unit s monthly income in accordance with subsection 6(3), section 11 and subsection 13(3); (b) shall determine the monthly total of the benefits to which the family unit would be entitled if it were an eligible recipient;

18 18 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (c) shall determine the total of all liquid assets owned by the family unit in accordance with section 12; (d) shall determine whether the family unit owns excess assets in accordance with section 13; and (e) may review the circumstances surrounding a disposal of assets or an unusual expenditure by the family unit within the six months preceding the month in which its application was made. (5) For the purposes of this section, if the minister determines that a family unit would be entitled to a benefit only with respect to health services, the minister shall: (a) determine the health services that would be required over 12 months; (b) include any costs for the health services mentioned in clause (a) that the minister is satisfied are reasonably anticipated; (c) determine the family unit s needs based on whether the family unit s monthly income, as determined in accordance with subsection 6(3), section 11 and subsection 13(3), will be sufficient to cover the costs of the health services mentioned in clause (b); and (d) if the minister is satisfied that the family unit s monthly income is not sufficient to cover the cost of the health services, declare that the family unit has a budget shortfall for the purposes of these regulations. (6) A family unit does not have a budget shortfall if, at the time of its application, the total value of the family unit s liquid assets is greater than an amount equal to the sum of: (a) $1,500 for the first family member; (b) $1,500 for the second family member; and (c) $500 for each family member in addition to those mentioned in clauses (a) and (b). Other rules respecting budget shortfalls 10(1) Subject to subsection (2) and to section 11, an applicant does not have a budget shortfall if the minister is satisfied that: (a) the applicant owns excess assets; or (b) a disposal of assets or an unusual expenditure, within the six months preceding the month in which the applicant s application was made, was carried out for the purpose of causing the applicant to have a budget shortfall. (2) The minister may decide not to consider a liquid asset as a financial resource if the minister is satisfied that the applicant has genuine reasons for not converting the liquid asset into cash or for delaying the conversion. (3) Notwithstanding any other provision of these regulations, the minister may, in a particular case, do any of the following: (a) when determining monthly income, exclude any amount of income that, in the minister s opinion, should not be included;

19 THE SASKATCHEWAN GAZETTE, JANUARY 2, (b) when determining liquid assets: (i) exclude any liquid asset that, as determined by the minister, should not be included; or (ii) include any liquid asset that, as determined by the minster, should be included; (c) when determining excess assets, exclude any asset that, as determined by the minister, should not be considered an excess asset. Determining monthly income 11(1) This section applies to determining the monthly income of: (a) an applicant who is an individual; and (b) each family member of an applicant that is a family unit. (2) Subject to subsections (3) to (15), the monthly income of an individual or family member is the net amount of moneys due to him or her from all sources as determined by the minister other than the items set out in Table 1. (3) The minister shall determine monthly income pursuant to this section: (a) based on the individual s or family member s monthly income for the month before the date on which the application was received by the minister; or (b) if the minister is satisfied that the individual or family member has an irregular or fluctuating monthly income, based on what the minister is satisfied is his or her average monthly income over a period not to exceed 12 months before the date on which the application was received by the minister. (4) Any employment income of a child attending school is not to be included in determining monthly income. (5) Any amount that an eligible recipient receives for board, room and personal allowance pursuant to these regulations for the care of a relative, as defined in clause 2(f) of The Personal Care Homes Act, that exceeds the amount established pursuant to item 7(a) of section 4 of Table 2 is not to be included in determining monthly income. (6) Subject to subsection (7), if an applicant receives revenue for providing room only or room and board in the applicant s principal residence to a person who is not a member of the applicant s family unit, 25% of that revenue, but not less than $25 per month, is to be included in determining monthly income. (7) No eligible recipient is to be charged with room only or room and board income: (a) with respect to children who are attending university, technical or vocational courses and who are not entitled to benefits; (b) with respect to other eligible recipients who are residing with the eligible recipient and who are receiving benefits pursuant to item 1 of section 4 of Table 2; or (c) if two or more eligible recipients are sharing living accommodation under a shared-cost agreement and benefits are being granted to each eligible recipient on the basis of his or her share of the cost.

20 20 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 (8) If an applicant receives revenue for renting a self-contained suite in the applicant s principal residence to a person who is not a member of the applicant s family unit, 40% of that revenue, but not less than $40 per month, is to be included in determining monthly income. (9) Subject to subsection (10), if an applicant receives any proceeds under a contract of insurance as a result of fire, theft or property damage in circumstances that require the insured property to be replaced or repaired, the payment is not to be included as income in determining eligibility for benefits. (10) If the proceeds mentioned in subsection (9) are not used to repair or replace the insured property, the proceeds are to be considered a resource available to the applicant for his or her current maintenance. (11) If an individual s or a family member s income is subject to seizure or other similar process, the amount seized is not to be deducted when determining monthly income. (12) If an applicant receives income in cash or in kind or in services from an individual, benevolent organization or other similar agency, the applicant shall indicate what requirements of the family unit the income is designed to meet and any conditions under which it is extended. (13) If the requirement met as indicated pursuant to subsection (12): (a) is considered a basic need, the estimated value of the income is to be considered income according to Part III and Table 2; (b) is not considered a basic need, the estimated value of the income is not to be considered when determining eligibility for benefits. (14) The amount of any overpayment recovered from an individual or family member by set-off or any other means is to be included when determining monthly income. (15) In subsection (14), overpayment means a payment of an amount in excess of the individual s or family member s entitlement pursuant to a funding program that is established pursuant to another Act or regulation, an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada, an Act of the legislature of another province or territory of Canada or a regulation made pursuant to an Act of the legislature of another province or territory of Canada. Determining liquid assets 12(1) In determining an applicant s liquid assets, the minister may allow the applicant a period, not to exceed 90 days after the date on which the application is received by the minister, to convert a liquid asset that is not in the form of cash into cash. (2) Any payment received on a liquid asset that cannot be converted into cash within the 90-day period mentioned in subsection (1) is to be included in determining the applicant s monthly income pursuant to section 11.

21 THE SASKATCHEWAN GAZETTE, JANUARY 2, (3) The following are not to be included in determining an applicant s liquid assets: (a) money held in trust pursuant to a registered education savings plan within the meaning of the Income Tax Act (Canada); (b) contributions made to the Saskatchewan Pension Plan to a maximum yearly amount established by the Saskatchewan Pension Plan by or on behalf of: (i) if the applicant is an individual, the applicant; or (ii) if the applicant is a family unit, the members of the family unit on whose behalf the application is made; (c) the capital and income from a trust fund established pursuant to subsection 9(2) of The Dependants Relief Act, 1996; (d) funds held in, or money withdrawn from, a registered disability savings plan within the meaning of section of the Income Tax Act (Canada); (e) funds held in a discretionary trust for the benefit of: (i) if the applicant is an individual, the applicant; or (ii) if the applicant is a family unit, the members of the family unit on whose behalf the application is made; (f) a payment from a discretionary trust mentioned in clause (e) if, with the approval of the minister, the payment is used for an expense that is not provided for pursuant to these regulations; (g) subject to subsection (2), an amount saved from a benefit payment provided to the applicant that: (i) is held in an account or invested with a financial institution or is held in a trust account; and (ii) does not exceed: (A) in the case of an individual, $1,500; or (B) in the case of a family unit, the sum of: (I) $1,500 for the first family member; (II) $1,500 for the second family member; and (III) $500 for each family member in addition to those mentioned in subparagraphs (I) and (II); (h) the cash surrender value of any policy of life insurance but not the amount of any benefits paid pursuant to a policy of life insurance during the lifetime of the policyholder; (i) prepaid funeral expenses not exceeding $7,500.

22 22 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 Determining excess assets 13(1) In determining an applicant s excess assets, the minister may allow the applicant a period, not to exceed 90 days after the date on which the application is received by the minister, to convert an excess asset into cash, either by using it as security for borrowing or by selling it. (2) The minister may decide not to consider an asset as an excess asset if the minister is satisfied that the applicant has genuine social or economic reasons for not converting the asset into cash or for delaying the conversion. (3) If the minister permits an applicant to retain an excess asset mentioned in paragraph 2(1)(j)(i) or an excess asset that is real property mentioned in paragraph 2(1)(j)(ii), the net income from that excess asset is to be included when determining the applicant s monthly income. (4) If an applicant has as a principal residence a property acquired by inheritance, the property is not to be considered as an excess asset pursuant to clause 8(3)(d). (5) An applicant may use the proceeds of the sale of property used as the applicant s principal residence or the proceeds from a family property settlement to purchase another principal residence if: (a) the purchase is made within four months after the receipt of the proceeds; and (b) the home purchased by the applicant is suitable to the applicant s needs and in accordance with the standard of living that the applicant can reasonably expect to maintain. (6) Any portion of the proceeds of the sale of a principal residence not used pursuant to subsection (5) must be included as an excess asset. (7) Notwithstanding subsection (6), with the prior approval of the minister, an applicant may use any portion of the proceeds of the sale of the applicant s principal residence that remains after the purchase of another principal residence for the purpose of reasonable renovations to the new principal residence if the renovations are completed within 12 months from the date on which the proceeds are received. (8) If an applicant purchases a home while receiving benefits and, in the opinion of the minister, the home exceeds the reasonable needs of the applicant, the minister may grant minimal benefits to the applicant or require the applicant to sell the home and use the proceeds for current living needs. DIVISION 3 Approval or Denial Approval or denial of application 14(1) The minister may: (a) approve the applicant as an eligible recipient if the minister is satisfied that the applicant has a budget shortfall and meets the other criteria set out in Division 2; or (b) deny the application.

23 THE SASKATCHEWAN GAZETTE, JANUARY 2, (2) For the purposes of making a decision pursuant to this section, the minister may require an applicant to confirm the information provided in the application in person by: (a) meeting with a representative of the ministry; (b) reviewing the information supplied by the applicant as set out in a form supplied by the minister; (c) correcting any errors in the information mentioned in clause (b); and (d) making a statutory declaration respecting the correctness of the information. (3) The form mentioned in clause (2)(b) must include: (a) a declaration that the applicant is aware of the obligation to report any changes in circumstances that affect the eligibility of the applicant to receive a benefit or the amount of the benefit to which the applicant is entitled; and (b) if the application is made by or on behalf of a family unit, a consent by all members of the family unit who are 18 years of age or older, other than a member mentioned in subclause 2(1)(f)(ii), to the disclosure to the minister of personal information with respect to the members of the family unit in the records of other ministries and agencies and other bodies for the purpose of determining the eligibility of the family unit for a benefit and the amount of that benefit. (4) The minister shall notify an applicant in writing of the minister s decision as soon as possible after making the decision and provide the applicant with written reasons for the decision. (5) If the minister denies an application, the minister shall also inform the applicant of the applicant s right to an appeal and a reconsideration pursuant to sections 35 to 37. PART III Benefits Temporary benefit 15(1) Notwithstanding any other provision of these regulations, the minister may provide a benefit to an applicant pursuant to this Part on a temporary basis if: (a) the applicant is awaiting the outcome of an appeal to a committee pursuant to section 36 or to the appeal board pursuant to section 37; or (b) the minister is satisfied that the applicant is urgently in need of that benefit. (2) Notwithstanding section 20, the amount of a benefit provided pursuant to subsection (1) is the amount that the minister determines the applicant requires to meet immediate needs until eligibility is determined or the appeal is completed.

24 24 THE SASKATCHEWAN GAZETTE, JANUARY 2, 2015 Benefit to be provided in accordance with this Part 16(1) Subject to sections 17 and 18, the minister may provide a benefit to an eligible recipient in accordance with this Part and Table 2. (2) Subject to subsection (3), the type and amount of benefits for special needs is to be established by one of the following methods: (a) a benefit schedule established by the minister; (b) a range of amounts established by the minister; (c) a flat amount established by the minister; (d) a formula established by the minister used to calculate the amount of a benefit. (3) The amount of a benefit for special needs is not to exceed: (a) the amount determined in accordance with the methods mentioned in subsection (2); or (b) if the item of special needs is not addressed by the methods mentioned in subsection (2), the actual cost of the item. When no benefit is to be provided - disposal of assets, unusual expenditures 17(1) The minister may refuse to provide a benefit to an eligible recipient for the period calculated in accordance with subsection 18(2) if the minister is satisfied that: (a) the eligible recipient disposed of assets or had an unusual expenditure for the purpose of causing the eligible recipient to be eligible or to continue to be eligible for a benefit; or (b) the eligible recipient s failure to realize on an agreement for sale, mortgage or other security caused the eligible recipient to be eligible or to continue to be eligible for a benefit. (2) If the minister refuses to provide a benefit to an eligible recipient pursuant to subsection (1) for a period, the minister may reduce the period if the minister is satisfied that: (a) the proceeds of the disposal of an asset mentioned in clause (1)(a) can be recovered and that the proceeds of disposition will be less than the amount that may have been originally calculated pursuant to subsection 18(2); (b) an asset acquired as a result of a transaction mentioned in clause (1)(a) can be disposed of, that proceeds can be obtained from the disposition and that the proceeds of disposition will be less than the amount that may have been originally calculated pursuant to subsection 18(2); (c) income can be obtained from an asset acquired as a result of a transaction mentioned in clause (1)(a) and that the income from the asset will be less than the amount that may have been originally calculated pursuant to subsection 18(2);